EPA v. SANITY SYSTEM NA LLC

Case summary

6/26/2024 - STOP SALE, USE, OR REMOVAL ORDER ISSUED. ALLEGED VIOLATIONS: ON OR AROUND AUGUST 7, 2023, AN AUTHORIZED REPRESENTATIVE OF THE EPA CONDUCTED AN INSPECTION OF RESPONDENT?S OFFICE LOCATED AT 499 NW PRIMA VISTA BLVD. #103, PORT ST. LUCIE, FLORIDA 34983 (THE ?FACILITY?) TO COLLECT INFORMATION RELATED TO RESPONDENT?S COMPLIANCE WITH FIFRA. DURING THE INSPECTION, IT WAS FOUND THAT LABELS AND LABELING OF SPECIFIED PRODUCTS BEING SOLD BY RESPONDENT COLLECTED DURING THE INSPECTION REVEALED THE LABELS DID NOT INCLUDE AN EPA ESTABLISHMENT NUMBER. BASED ON THE STATEMENTS AND CLAIMS IDENTIFIED THE PRODUCTS ARE INSTRUMENTS OR CONTRIVANCES INTENDED TO MITIGATE OR DESTROY PESTS AND ARE, THEREFORE, DEVICES PURSUANT TO SECTION 2(H) OF FIFRA, 7 U.S.C. ? 136(H), AND 40 C.F.R. ? 152.500(A). ALSO PESTICIDAL CLAIMS WITHOUT INDICATING THE SPECIFIC MICRO-ORGANISMS AGAINST WHICH THE PRODUCT HAS BEEN SHOWN TO BE EFFECTIVE WERE IDENTIFIED WHICH ARE FALSE OR MISLEADING STATEMENTS CONCERNING THE EFFECTIVENESS OF THE PRODUCT AS A DEVICE PURSUANT TO 40 C.F.R. ? 156.10(A)(5)(II). BASED ON THE CLAIMS NOTED, EACH OF THE DEVICES IS MISBRANDED PURSUANT TO 40 C.F.R. ? 156.10(A)(5) AND MISBRANDED PURSUANT TO SECTION 2(Q)(1)(D) OF FIFRA, 7 U.S.C. ? 136(Q)(1)(D), AND 40 C.F.R. ? 156.10(F) BECAUSE THE LABELS FOR THESE PRODUCTS DO NOT INCLUDE AN EPA ESTABLISHMENT NUMBER. BY OFFERING THE SPECIFIED DEVICES FOR SALE, RESPONDENT ?DISTRIBUTED OR SOLD? MISBRANDED DEVICES IN VIOLATION OF SECTION 12(A)(1)(F) OF FIFRA, 7 U.S.C. ? 136J(A)(1)(F).

Defendants (1)

• SANITY SYSTEM NA LLCNamed in settlement

Facilities (1)

• SANITY SYSTEM NA LLC

  499 NW PRIMA VISTA BLVD. #103, PORT ST. LUCIE, FL, 34983

  Registry ID: 110071752780

Statutes cited

• FIFRA 12A1F — Device Misbranded

Enforcement conclusions (1)

• SANITY SYSTEM NA LLCentered 2024-06-26

  Primary law: FIFRA

Timeline (2 milestones)

• 2024-06-26Final Order Issued
• 2024-07-01Enforcement Action Data Entered